Terry LaClaire (Smith) Martin v. Ray Willard Martin

TERRY LACLAIRE (SMITH) MARTIN, )
)
Plaintiff/Appellee, )
) Appeal No.
) 01-A-01-9507-GS-00292
VS. )
) Wilson General Sessions
) No. 4219
RAY WILLARD MARTIN, )
Defendant/Appellant.
)
)
FILED
Nov. 9, 1995
COURT OF APPEALS OF TENNESSEE Cecil Crowson, Jr.
MIDDLE SECTION AT NASHVILLE Appellate Court Clerk
APPEALED FROM THE GENERAL SESSIONS COURT OF WILSON COUNTY
AT LEBANON, TENNESSEE
THE HONORABLE ROBERT HAMILTON, JUDGE
GRAYSON SMITH CANNON
CANNON, CANNON & COOPER, P.C.
One NorthChase
1000 NorthChase Drive, Suite 109
P. O. Box 749
Goodlettsville, Tennessee 37070-0749
Attorney for Plaintiff/Appellee
GEORGE J. DUZANE
DUZANE, KOOPERMAN & MONDELLI
One Church Street, Suite 300
Nashville, Tennessee 37201
Attorney for Defendant/Appellant
AFFIRMED AND REMANDED
BEN H. CANTRELL, JUDGE
CONCUR:
TODD, P.J., M.S.
LEWIS, J.
MEMORANDUM OPINION1
The General Sessions Court of Wilson County granted the wife a divorce
after a six month marriage. The court ordered the marital residence sold and the wife
paid $2,000 for her attorney's fees and $10,000 to equalize her equity in the property.
After the deductions, the balance of the equity was to be split evenly between the
parties.
On appeal the appellant has raised issues concerning the $2,000 and
the $10,000 awarded to the wife, and the wife has asked the court to award her
additional fees for her attorney's services on appeal.
We concur in the findings of the court below and, therefore, affirm that
court's final judgment. In addition, we are of the opinion that the appellee is entitled
to attorney's fees on appeal. We remand the case to the trial court for the
determination of the amount to which the appellee is entitled.
Tax the costs on appeal to the appellant.
_________________________________
BEN H. CANTRELL, JUDGE
1
Rule 10(b) of the Rules of the Court of Appeals reads as follows:
The Court, with the concurrence of all judges participating in the case, may
affirm, reverse or modify the actions of the trial court by mem orandum opinion when
a form al opinion would have no pre cedentia l value. W hen a case is decided by
mem orandum opinion it sha ll be designated "ME MO RA ND UM OP INIO N," shall not be
published, and shall not be cited or relied on for any reason in a subsequent unrelated
case.
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CONCUR:
_______________________________
HENRY F. TODD, PRESIDING JUDGE
MIDDLE SECTION
_______________________________
SAMUEL L. LEWIS, JUDGE
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